Terms of Investment
Rules Guiding Our Business
- This agreement outlines the terms and conditions (the “Terms”) between you (an “Investor”, “you”) and Phresh farms Limited (“Phresh farms”, the “Company”, “we”, or “us”) under which you agree to invest in cashew processing through our website phreshfarms.com.ng or one of our agents.
- It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering whether to invest with your money through the Platform.
- We do not provide any advice, nor do we make any recommendations to you. The Company solely allows you to invest on the Platform and earn returns on your investment. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done entirely at your own risk. By using the Platform, you confirm that you have the necessary experience and knowledge.
- Phresh Farms is a limited liability company registered in Nigeria (registration number RC 1603626)
- Phresh Farms Limited is an agri-tech company that provides innovative and digital solutions for its partners to invest in agriculture in diverse ways and for farmers to gain financial empowerment to cultivate their farms.
- The investor will receive periodic updates on the status of the investment by email. You are expected to review all notifications, updates, and reports from Phresh Farms as they represent a record of information pertaining to your investment contribution during a cycle.
- You agree that by investing in any of our plans, your contribution is tied and unavailable for the entire duration of the investment cycle until your cycle due date stated in the validation mail you received. There shall be no refund of your contribution until the successful completion of your investment cycle.
- At the end of a successful investment cycle, ROIs will be paid along with the initial investment capital on the exact cycle due date or otherwise as desired and stated in a communicative email to Phresh Farms by the investor.
- All communicative emails in regards to investments should be sent to email@example.com
- For complaints, please send an email to firstname.lastname@example.org
- Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Platform or Services, including the time you are matched to an investment Agreement;
- You are over the age of 21 years;
- You are of sound mind and have the capacity to enter into these Terms and be matched to an investment;
- All personal information that you provided about yourself in the registration forms is accurate and true to the best of your knowledge;
- You hold a bank account in Nigeria in your own name and will use this account to transfer money to our account when you invest in a farm plan and to receive ROIs earned;
- You will only ever invest with your own money unless you are authorized on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
- You are not using any illegal funds or attempting to launder by investing on our platform;
- If you are registering or accepting these terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization); and
- You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
- Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times.
- If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
- You confirm that you will only use our Platform for the purposes set out in these Terms.
- You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website.
- Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.
- We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to illegal activity.
- Where we discover that the platform is being used to launder money or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities without recourse to you.
- Where an investor contributes in a currency other than the Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit made on such contribution by the investor.
- All profits on contribution shall be converted and returned in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The investor, therefore, enters into any transactions in currencies other than the Naira at their sole risk and shall bear all responsibilities for any gains or loss as a result.
- Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the investor would be exposed to such as when there is an upward or downward movement in the relevant rates.
- The investor understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or profits earned.
- Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register and invest in any of our plans, and receive validation of your investment, and shall remain valid and binding for as long as you have outstanding investment cycles.
- These terms may be superseded by any amended Terms.
- These terms may be terminated by you provided that you have no outstanding investment cycle. Notice of termination must be provided in writing to email@example.com ◦ These terms may be terminated by the Company at any time without notice provided we discover falsified investment, information, or illegal activities.
Subject to the terms of Insurance and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss, or liability which you incur for any reason outside of the company once your initial capital and ROI has been disbursed to the account you provided.
You agree to indemnify and hold harmless the Company, our farmer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
- Your fraudulent or illegal use of the Platform, the Services, or the Website;
- Your negligence or any default by you of any of these terms;
- Any inaccurate or incomplete information that you have knowingly provided to us;
- Your allowing any other person to access your account either with your permission or as a result of your failure to keep your account details private;
- Any service that you have offered, whether with or without our permission, to another third party using our Platform, Services, or Website;
- Any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform
This Agreement shall be governed by the Laws of the Federal Republic of Nigeria. Any dispute arising out of this Agreement, which cannot be settled, by mutual agreement/negotiation within 30 days shall be referred to arbitration by a single arbitrator at the Lagos Court of Arbitration (“LCA”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria.
The arbitrator shall be appointed by the Parties, where Parties are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LCA.
The findings of the arbitrator and subsequent award shall be binding on the Parties and may be enforced through a Nigerian court of law. Each Party shall bear its cost in connection with the Arbitration.
This Agreement shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. The Parties submit to Arbitration and waive any objections based upon venue.
“We” (Phresh Farms Limited) hereby declare that we received the sum stated in the validation mail sent along with these terms as an investment in our cashew processing plan for the duration of one month, and we shall be held liable and accountable for the funds for as long as it shall remain in our custody for the duration of the investment cycle.
- If you have any question regarding this Agreement, it should be directed to firstname.lastname@example.org
This document was last updated on the 5th of April 2020 Phresh Farms is a product of Phresh Farms Limited. (Registration number RC 1603626)